EEL News Service 2004/22, 9 December 2004

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* Journal für European Environmental & Planning Law (JEEPL)

* This new Journal offers an intellectual forum on new developments in European * environmental and planning law with a particular focus on the implementation in * the 25 Member States. Therefore each issue of JEEPL concentrates on one important * topic of EU environmental and planning law. The first issue of JEEPL was * published in July 2004. For further information, please visit:

* http://www.lexxion.de/jeepl.

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Note from the editors:

This issue of the EEL News Service will be the last one appearing in the year 2004. During the remainder of this year, the improved EEL website will be finalised. In the meantime, the editors would like to wish all subscribers a merry holiday season and a happy new year.

Added to Case law page:

* C-447/03 Commission v Italy

ECJ 25 November 2004, nyr, not yet available in English

The ECJ has condemned Italy for flouting EU waste laws around a disused Enichem manufacturing plant. The court backed a European Commission complaint, ruling that Italy had breached the Framework waste Directive 75/442/EEC modified by Directive 91/156/EEC at three locations in Manfredonia, Foggia. In particular, it had not forced the waste holders to deal properly with arsenic anhydride-contaminated waste dumped there.

* C-97/04 Commission v Italy

ECJ 2 December 2004, nyr, not yet available in English

Italy was condemned for failing the transpose the EC Incineration of Waste Directive 2000/76/EC.

* C-48/04 Commission v Portugal

ECJ 2 December 2004, nyr, not yet available in English

Portugal was condemned for failing the transpose the EC Incineration of Waste Directive 2000/76/EC.

* C-6/03 Deponiezweckverband Eiterköpfe

Opinion of 30 November 2004, not yet available in English

Advocate-General Colomer supports Germany’s strict waste landfilling law. In his opinion, no breach of the EU landfill Directive 1999/31/EC exists, even though the German law uses a more restrictive definition of biodegradable waste, has tighter deadlines, and requires waste to be either incinerated or treated before being landfilled. The law also applies the targets to some industrial wastes, in contrast to the directive’s reference to municipal waste.

The opinion might set the tone of European case law on a directive that will exert a steadily greater grip on EU waste practices over the coming decade. The full court will decide in the coming months whether to endorse its advisor’s views.

* 2665th Council meeting – Transport, Telecommunications and Energy – Brussels, 29 November 2004
European energy ministers have agreed that post-2010 targets for EU renewable electricity generation should not be finalised until 2007, in line with a European Commission proposal issued in May 2004. Development of a post-2010 strategy should take into account progress of international climate change negotiations and the EU emissions trading scheme

Added to Dossiers page:

* Dutch Presidency Dossier: The Dutch Presidency and REACH, by Pamela van der Goot
In this document the REACH process is followed through the course of the Dutch presidency. The outcomes of several meetings are discussed as well as the obstacles which still lay ahead.

Added to National pages:

* Updated at the National pages: Estonia
Richard Cadell has joined the EEL team as editor for Estonia and in the future intends also to contribute where the other Baltic states are concerned. For the Estonia page, apart from an update of all the regular links to the main institutions, NGO’s etc. he included the complete texts in English of the main Estonian environmental laws.

* Updated at the National pages: Russia

The EEL team is happy to welcome Irina Krasnova as editor for Russia.

Added to Who’s Who page:

* Richard Cadell (editor of the Estonia page), CV

* Irina Krasnova (editor of the Russian Federation page), CV

Added to the Vacancies page:

* Three posts for Interdisciplinary Senior Research Associates: Sustainability Analysis, associated with a large interdisciplinary EU F6 programme are available at the University of East Anglia, School of Environmental Sciences, Norwich, UK.